Currie

The defendant was tried and convicted in the superior court of Shasta County, upon an information charging him with the crime of rape, and also charging him with a prior conviction of a similar offense, the charging part of the information being as follows:

On his arraignment defendant pleaded not guilty of the crime charged in the first count contained in the information, and guilty of the prior conviction contained in the second count of the information.

A trial was then had before a jury in said superior court, on which trial the jury failed to agree on a verdict, and defendant was again tried, the jury on this second trial rendering the following verdict:

When the verdict was rendered the foreman of the jury stated to the court that the jury recommended that leniency be granted the defendant.

On being arraigned for judgment, defendant moved the court for a new trial on the following grounds: (1) That the court at and during the trial of said action misdirected the jury in matters of law; (2) That the court erred in the decisions of law arising during the course of the trial of the defendant; (3) That the verdict of the jury is contrary to law; (4) That the verdict of the…